[2024] KEELC 13366 (KLR)
The court found that since the applicants had not sought the judge's recusal or made a formal application for re-allocation, there was no legal basis to present the file before the Presiding Judge. The orders in question were judicial, not administrative, and could only be challenged through established legal...
Source-derived case information.
- Citation
- [2024] KEELC 13366 (KLR)
- Parties
- Plaintiff: Beba Freight Company Limited; Defendant: Bharat Ramji Manji; Defendant: Young Moon Choi; Defendant: Landmark Freight Services Limited; Defendant: Land Registrar of Title, Nairobi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E264 of 2024
- Procedural Posture
- Environment and Land Case / Directions on Interlocutory Application
- Outcome
- Application to present file before Presiding Judge declined; transcript of virtual proceedings to be provided.
- Judges
- LN Mbugua
- Legal Topics
- Judicial Review, Court Procedure, Virtual Hearings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Beba Freight Company Limited
Plaintiff
Bharat Ramji Manji
Defendant
Young Moon Choi
Defendant
Landmark Freight Services Limited
Defendant
Land Registrar of Title, Nairobi
Defendant
Procedural Posture
Environment and Land Case / Directions on Interlocutory Application
Legal Issues
- 1 Whether the court should present the file before the Presiding Judge for administrative intervention.
- 2 Whether a stay of the ruling pending presentation before the Presiding Judge is warranted.
- 3 Whether the applicant is entitled to a transcript of the virtual proceedings.
Ratio Decidendi
The court found that since the applicants had not sought the judge's recusal or made a formal application for re-allocation, there was no legal basis to present the file before the Presiding Judge. The orders in question were judicial, not administrative, and could only be challenged through established legal mechanisms such as review or appeal. However, given the concerns raised about the conduct of virtual proceedings, the court directed that a transcript of the Microsoft Teams proceedings be retrieved and made available to all parties to ensure transparency and proper record-keeping.
Court Disposition
Application to present file before Presiding Judge declined; transcript of virtual proceedings to be provided.
Orders
- The request to present the file before the Presiding Judge is declined.
- The Deputy Registrar is directed to retrieve a transcript of the Microsoft Teams proceedings and avail it in the court file and to all advocates for the parties.
Full Case Text
Judgment text and source record
27 paragraphs
Beba Freight Company Limited v Manji & 3 others (Environment & Land Case E264 of 2024) [2024] KEELC 13366 (KLR) (22 November 2024) (Directions)
Neutral citation: [2024] KEELC 13366 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Case E264 of 2024
LN Mbugua, J
November 22, 2024
Between
Beba Freight Company Limited
Plaintiff
and
Bharat Ramji Manji
1st Defendant
Young Moon Choi
2nd Defendant
Landmark Freight Services Limited
3rd Defendant
Land Registrar of Title, Nairobi
4th Defendant
Directions
1. The prosecution of the application dated 2. 7.2024 is underway of which this court has delivered an interim, ruling today (22. 11. 2024).
2. The applicants advocates have sought for a certified copy of the ruling for purposes of appeal, of which the order had already been made when the ruling was delivered.
3. The applicants also seek orders to have the file presented before the Presiding Judge for purposes of raising issues on how this court has conducted the matter. The applicant also prays for a stay of the ruling pending the presentation of the file before the Presiding Judge.
4. I have considered the averments presented to this court, I note that the applicants have not sought for my recusal in these proceedings, nor have they made an application for re-allocation of the file. That being the case, there is no basis upon which the file can be placed before the Presiding Judge. After all, the orders made herein are Judicial in nature and not administrative orders. Such judicial orders can only be reviewed or challenged via the known legal frameworks of Review or Appeal.
5. In the circumstances, the court declines to present the file before the Principal Judge of the Environment and Land Court (Note that the Presiding Judge of the Land Division in this station-Milimani is Judge Mbugua).
6. However, this being a court of law as well as a court of record, and noting that proceedings herein have been conducted virtually, and the applicants have cast aspersions on how the said proceedings have been conducted, I direct that a transcript of the Microsoft Teams proceedings be retrieved by the Deputy Registrar of this court to be availed in the court file and to all the advocates for the parties.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 22ND DAY OF NOVEMBER 2024 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:Nyangoro, Oketch, Aencha and Okango Mogeni SC for Plaintiff ApplicantsMrs. Amandi holding brief for Eunice Lumalos for 1st and 2nd DefendantsAllan Kamau for 4th DefendantCourt Assistant: Vena